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Patna High CourtCR. MISC./13308/2023dismissed

Rahul Singh @ Dablu Singh v. The State Of Bihar

2023-05-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13308 of 2023 Arising Out of PS. Case No.-48 Year-2021 Thana- CHANDI District- Bhojpur ====================================================== RAHUL SINGH @ DABLU SINGH Son of Sri Ram Pravesh Singh @ Tuntun Singh Resident of village - Jalpura Tapa, P.S.- Chandi, Dist.- Ara, Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vatsal Verma For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Chandi P.S. Case No.48 of 2021, registered for the offence punishable under Sections 450, 307, 504, 34 of the Indian Penal Code and 27 of Arms Act.

As per the prosecution case, the petitioner and co-accused Golu Singh threatened the informant and fired upon him. On account of firing by the petitioner, the informant sustained injury on his abdomen. Due to firing by the accused persons, the informant sustained injury on his hand and leg. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.13308 of 2023(2) dt.12-05-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that co-accused Golu Singh has been acquitted in the Sessions Trial No.295 of 2021. the case was compromised in between the informant and both the accused Golu Singh and the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law, considering the fact that one of the co-accused has been acquitted in the Trial no.295 of 2021.

(Anjani Kumar Sharan, J) shikha/- U T